. >>> the obama administration is defending a justice department memo that authorized drone of attacks against americans working with terrorists overseas. the memo says such actions are legal under three conditions. if the suspect is engaged in planning operations to kill americans, if it's not possible to capture the suspect before an attack, and if the operation follows u.s. laws and war principles. >> these strikes are legal. they are ethical and they are wise. >> critics say such an attack would violate the constitutional rights of an american terror suspect to trial by jury. so far there's only one known case of an american targeted with a drone strive, anwar al- awlaki in yemen back in 2011. >>> east bay, chopper 5 is over the house fire in berkeley we told you about at the top of the news. this is at 1179 keith avenue in the berkeley foothills. as you can see, still engulfed. we have been watching the smoke pour from the second story of this home for the last several minutes. flames are shooting from the roof. firefighters now on the scene. they are trying to attack it as you ca